Public Hearing on the Geoscience Amendment Bill GSSA Viewpoint

Public Hearing on the Geoscience Amendment Bill – GSSA Viewpoint

The Geological Society of South Africa (GSSA) received a letter from the Parliament of the Republic of South Africa dated 25th August 2010 inviting it to attend the public hearings on the Geoscience Amendment Bill [B 12 – 2009].

On Friday the 27th August the venue for the Public Hearings was notified to the GSSA by parliament as: Committee Room V454, 4th Floor, Old Assembly Wing, Parliament, Cape Town by email from Noluthando Skaka.

On Monday the 30th August it was decided that the President of the GSSA (Dr. Paul Nex) together with a past-President of the Society, and member of the Management Board of the Council for Geoscience (Prof. Jay Barton) would attend and present the GSSA’s viewpoint highlighting several areas of concern.

Background:

The GSSA was not directly consulted regarding the Amendment Bill, however it was given a copy from the Chamber of Mines on the 19th March 2010. This was then presented to the GSSA MANCO at a meeting on 25th March 2010. At this meeting MANCO was informed that the proposed Amendment Bill had been circulated to MANCO and Council and it was proposed to ask Council for a formal comment at the next GSSA Council meeting. However, it was noted that the deadline for comment was the 12th April and so a comment on the Bill was compiled by the Executive Manager of the GSSA (Dr. Craig Smith) who circulated it on the 8th April 2010 to the GSSA MANCO, GSSA Fellows Committee and GSSA Council for comment. Following comments and amendments to the documents this was then circulated to the membership of the GSSA on the 9th April 2010 and submitted to the DMR on the 10th April 2010. It was also posted on the society’s website and a notice was sent to the GSSA membership inviting further comments. In addition an article was written by the Executive Manager for inclusion in the GSSA’s quarterly communication, Geobulletin which was published in 2010 in June edition (Volume 53 No. 2), again inviting comment from the GSSA membership.

Approach to the Public Hearing:

The GSSA is a “not-for-profit” voluntary association which is a learned and professional society existing for the benefit of its members and for the earth science professions. According to its constitution the principle objectives of the society are:

1. To promote and advance the earth sciences and earth science professions
2. To encourage and uphold the highest professional and ethical standards among its members / fellows
3. To represent earth scientists in South Africa and elsewhere
4. To promote co-operation and synergy between related structures and societies including, but not limited to Africa
5. To function for the benefit of its members and for the public good

Currently the GSSA has 2676 members, 512 of which are student members who enjoy free membership. It represents between one third and one half of the professional geologists working in South Africa. The GSSA is also an accredited voluntary association with the South African Council of Natural Scientific Professions of which geologists or other earth scientists form the largest single group registered with SACNASP 1,665 out of a total of 4,068 professional, certificated, or candidate natural scientists. Most of the geological scientists are GSSA members (1170).

The GSSA together with the SAIMM is intimately involved with drafting of the South African Mineral Codes (SAMCODE - SAMREC and SAMVAL) and internationally with the Committee for Mineral Reserves International Reporting Standards (CRISCO). The current chair of the SAMCODE committee is a member of the GSSA and also of the GSSA Council. The current chair of CRISCO is the former chair of SAMCODE. This involvement with the formulation of reporting codes, nationally and internationally is of prime importance to responsible reporting of mineral assets. The DMR and CGS are also represented on the SAMCODE committee.

There were essentially 7 issues as documented in the DMR’s response to the GSSA’s comment on issues and concerns.

1.1 Expansion of skills and budget required for the CGS to achieve objectives. Agreed by the DMR but I will reiterate the necessity of an ongoing commitment to finance and expertise.

1.2 Regarding the existence of the CGS as a technical watchdog. The DMR response is unclear and I suspect there is a misunderstanding.

1.3 GSSA expressed concern regarding the CGS capacity to include the petroleum sector. DMR agreed with GSSA’s points.

1.4 GSSA concern over the terminology “exploration and prospecting research” DMR response does not appear to understand the issue and is not clear.

1.5 Clause 3 Section 4 GSSA noted that the amendment specifically excludes representation of professional and academic expertise by dropping the right of the GSSA to nominate candidates. We agree that the Council for Geoscience should be the nation’s primary custodian of geological information. As the end users of this data will be dominantly geologists and therefore members of SACNASP / GSSA the GSSA feels that it is appropriate to be able to nominate a member of the board. DMR response unsatisfactory.

1.6 Clause 2 & 3 DMR response inconclusive

1.7 Clause 5 Section 6a DMR pointed out that the GSSA’s comments were not with regard to the original act under which the amendment will state that the Council “may not undertake any mining development for itself”

As far as the Object of the Bill is concerned (Page 16 Memorandum on the Objects of the Geoscience Amendment Bill, 2010) I do not think that we have any objections apart from the loose terminology “exploration and prospecting research” highlighted below:

2. Object of the Bill

The main objects of the Bill are to mandate the Council for Geoscience “(the Council”) to be the custodians of geotechnical information, to be a mandatory national advisory authority in respect of geo-hazards related to infrastructure development, to undertake exploration and prospecting research in the mineral and petroleum sectors and to add to the functions of the Council.

The Bill seeks to put in mechanisms in place to address problems which are associated with infrastructure development on dolomitic land in the Republic. It empowers the Council to be the custodian of all geotechnical data, for the purpose of compiling a complete geotechnical risk profile of the country. It further enables the Council to become the custodians of technical information relating to exploration and mining.

Regarding point 1.5 above I note that the British Geological Survey is mandated to have a Board which:

“are appointed by the BGS Executive Director in consultation with the chairman of the Board.

The membership comprises:

a non-executive, part-time chair;

six to ten non-executive members appointed by reason of their qualifications and experience and representing a broad cross-section of BGS stakeholders. They should include senior representatives of industry, government, agencies and academia;

the BGS Executives and Directors who comprise the BGS Senior Leadership team;

NERC’s Chief Executive or his nominee”

Which currently comprises:

Professor Jon Gluyas, Professor in CCS and Geo-Energy, Durham University, (Chairman of the BGS Board)

Mr Peter Bide, Independent Member

Ms Tricia Henton, Environment Agency

Mr Dave Lovell, Executive Director, EuroGeographics

Mr Robert Missotten, Chief of the Global Earth Observation Section, United Nations Educational, Scientific and Cultural Organisation (UNESCO), Paris

Mr Edmund Nickless, Executive Secretary, Geological Society of London

Dr Sue Paterson

Professor Stephen Sparks, Department of Earth Sciences, University of Bristol

Professor Lynda Warren, Emeritus Professor of Environmental Law, Aberystwyth University

Documents consulted (and taken to Cape Town):

1. Geoscience Act
2. Geoscience Amendment Bil
3. GSSA comment on the draft Geoscience Ammendment Bill
4. Chamber of Mines comment on the draft Geoscience Amendment Bill.
5. DMR response to GSSA on issues and concerns regarding the Geoscience Amendment Bill.
6. DMR response to SAICE on issues and concerns regarding the Geoscience Amendment Bill
7. Invitation to Attend Public Hearings on the Geoscience Amendment Bill [B 12 – 2009]